NCJ Number
68648
Journal
Criminal Law Bulletin Volume: 16 Issue: 2 Dated: (MARCH-APRIL 1980) Pages: 101-130
Date Published
1980
Length
30 pages
Annotation
THIS FIRST PART OF A TWO-PART GUIDE TO THE LAW OF FEDERAL SENTENCING DISCUSSES COURTS' BASIC SENTENCING POWERS, INCLUDING BASIC STATUTORY AND DECISIONAL REFERENCES. IT IS INTENDED FOR PRACTITIONERS, JUDGES, AND STUDENTS.
Abstract
CASES INVOLVING REGULAR ADULT OFFENDERS ARE EXAMINED. SENTENCING OPTIONS FOR THE REGULAR OFFENDER ARE DESCRIBED AND LATER USED AS THE NORM TO WHICH SPECIAL SENTENCING OPTIONS, AVAILABLE AS A RESULT OF THE OFFENDER'S STATUS, ARE COMPARED. THE COURT HAS THREE BASIC SENTENCING TOOLS: THE FINE, COMMITMENT, AND PROBATION. ALL THREE ARE EXPLAINED IN DETAIL. THE COURT'S POWER TO GRANT PROBATION AND SPLIT SENTENCES AND THE PROCESS FOR DETERMINING PAROLE ELIGIBILITY AT SENTENCING ARE DISCUSSED. AN ANALYSIS IS GIVEN OF THE SPECIAL SENTENCING OPTIONS IN CASES INVOLVING YOUTHFUL OFFENDERS, JUVENILE DELINQUENTS, SPECIAL DANGEROUS OFFENDERS, AND DRUG OFFENDERS. THE FEDERAL YOUTH CORRECTIONS ACT (YCA) ESTABLISHES A SPECIAL SET OF SENTENCING OPTIONS FOR DEFENDANTS WHO QUALIFY AS YOUTH OFFENDERS AND THESE ARE DESCRIBED. PROS AND CONS OF YCA TREATMENT ARE DISCUSSED. ADVANTAGES INCLUDE THE CHANCE TO HAVE CONVICTION SET ASIDE, IMMEDIATE PAROLE ELIGIBILITY, AND THE PROVISION OF TREATMENT IN INSTITUTIONAL SETTINGS. DISADVANTAGES ARE THE POSSIBILITY OF LONGER COMMITMENT AND INABILITY TO EARN GOOD TIME. SENTENCING OPTIONS FOR JUVENILE DELINQUENTS THAT FALL UNDER THE JUVENILE JUSTICE AND DELINQUENCY ACT OF 1974 ARE ANALYZED. LASTLY, THE PRIMER EXAMINES TYPES OF SENTENCES OF THOSE WHO MEET THE STATUTORY DEFINITION OF DANGEROUS AND SPECIAL OFFENDERS--RECIDIVISTS, PROFESSIONAL CRIMINALS, AND LEADERS IN ORGANIZED CRIME--AND SENTENCING OPTIONS FOR DRUG OFFENDERS. FOR PART II OF THE ARTICLE, A DISCUSSION OF THE PROCEDURES SURROUNDING THE SENTENCING PROCESS, SEE NCJ 68601. FOOTNOTES ARE GIVEN.